Egypt’s parliament to reconvene; court insists it’s invalid
July 9, 2012
CAIRO — Egypt’s elected parliament will convene Tuesday, a spokesman for the nation’s Freedom and Justice Party said Monday, as the nation’s highest court insisted its ruling dissolving the body was “final and binding.”
In a move that may set the stage for a showdown, Egypt’s newly elected President Mohamed Morsy announced Sunday he was overriding the military edict that dissolved parliament and calling lawmakers back into session. The decision is in defiance of the generals who have run the country since the 2011 revolution that ousted longtime strongman Hosni Mubarak.
However, the Higher Constitutional Court declared after a Monday meeting that its “ruling to dissolve parliament is final and binding.” The court threw out the parliamentary vote in June, prompting Egypt’s military to assume legislative power and dissolve parliament.
Twenty-five cases have been filed by individuals protesting Morsy’s decision to reinstate parliament, the court said. On Tuesday, attorneys will be brought before the administrative court, which will decide on the cases. The court is the only one that can overturn a presidential decree.
“I expect the court to overrule the presidential decision tomorrow,” said Aly Hassan, a judicial consultant affiliated with the Justice Ministry.
One case was also filed against Morsy in administrative court in the city of Mahmoudia, calling for his ouster since he failed to follow a constitutional court order under the law, Hassan said.
The court ruled that the constitutional articles regulating parliamentary elections were invalid.
Morsy’s recalling parliament is likely to please his backers in the Muslim Brotherhood, which won the largest share of seats in parliament in elections this year. However, it also puts him at odds with the military and with constitutional experts.
The Supreme Council of the Armed Forces met Sunday for five hours, but no statement was released afterward. On Sunday, council spokesman Lt. Col. Mohamed Askar said Morsy’s decision and “its repercussions” would be discussed at the emergency meeting.
Meanwhile, dozens of riot police and barriers surrounded the parliamentary building.
Lawmakers will convene at 12:30 p.m. Tuesday, said Ahmed Sobea, spokesman for the Freedom and Justice Party.
His comments come after Egyptian state news agency MENA reported that parliament Speaker Mohamed Al Katatney called for lawmakers to hold a public meeting Tuesday.
On Sunday, in a statement issued to CNN, Al Katatney said that he welcomed Morsy’s decision and that lawmakers would convene “within the coming hours.”
Hassan told CNN on Sunday that the order “will be met with objections from constitutional legal experts, and it may be the first test of the relations between Morsy and the Supreme Council of the Armed Forces since Morsy took office.
“Restoring parliament would take power away from generals. The Supreme Council asserted legislative authority in June, after Egypt’s Constitutional Court ruled that a third of lawmakers had been illegally elected and invalidated the election.
Presidential spokesman Yasser Ali said that under Sunday’s order, new parliamentary elections would be held two months after voters approve a new constitution. The Supreme Council announced in June that it expected a new constitution to be written within three months — a decision the leaders of Egypt’s revolution protested extensively, calling it a limitation on presidential powers.
Hassan said that as president, Morsy “has the authority to take any decision, regardless if its right or wrong.” But he added: “Overturning the constitutional court ruling and reinstating parliament is against the constitution, especially that there is no appeal on such court rulings.”
And retired Gen. Sameh Seif Al Yazal, the head of the Republican Center for Political Research in Cairo, called Morsy’s order “an insult to the hegemony of the judicial system in Egypt.”
“I think this decision puts the judicial system in a crisis, and it’s a message to the constitutional court,” he said. “The president is a role model. How are the Egyptian people going to respect any court rulings after that?”
Morsy, Egypt’s first freely elected leader, assumed office on June 30. He took the helm of a deeply divided nation that is economically strapped and lacks a working government. He quickly indicated that Egypt’s legislative power would return to civilian hands — and while praising the generals, he said their job was “to protect the boundaries and security of the country.”